In brief
The most common Philadelphia gun charges are carrying a firearm without a license (18 Pa.C.S. § 6106), carrying a firearm on public streets or public property in Philadelphia (§ 6108), and possession by a person prohibited because of a prior conviction or other status (§ 6105). Section 6108 applies only in Philadelphia. Many cases turn on whether the stop and search that found the gun were lawful.
- Common Philadelphia gun charges include firearms not to be carried without a license and person not to possess a firearm.
- Gun cases frequently travel with other counts, such as assault, drugs, or receiving stolen property.
- Suppression issues (stops, searches, and how the firearm was recovered) can be decisive.
- Prior convictions, licensing status, and constructive possession arguments often drive the defense.
- These cases move quickly; preserve paperwork and contact counsel before your next listing.
Firearms charges people face in Philadelphia
Searches for a Philadelphia gun lawyer or VUFA lawyer usually involve Pennsylvania firearms offenses such as firearms not to be carried without a license, person not to possess a firearm, carrying firearms in certain locations, or prohibited offensive weapons.
Person-not-to-possess allegations typically relate to a prior conviction or other disqualifying status. Unlicensed carrying cases focus on whether the person was authorized to carry and whether the Commonwealth can prove possession and the statutory elements.
Stops, searches, and how the gun was found
Many firearms cases begin with a street stop, vehicle stop, or search of a home or car. Whether police had lawful grounds for the stop and search can determine whether the firearm and related statements are admissible.
Constructive possession disputes also arise when a gun is found in a shared car or residence. The Commonwealth must still prove the legal elements beyond a reasonable doubt.
Defense strategy and next steps
Gun cases require close attention to the affidavit of probable cause, body-camera footage, lab or operability evidence when relevant, and any accompanying charges. Outcomes may include litigation of suppression motions, negotiation, or trial.
If you are facing a Philadelphia gun charge, schedule a consultation with The Altschuler Firm or call 267-888-8529.
Common questions
Is it a crime to carry a gun in Philadelphia without a license?
Generally, yes. Carrying a concealed firearm, or a firearm in a vehicle, without a valid license to carry can be charged under § 6106. Carrying a firearm on public streets or public property in Philadelphia without a license can be charged under § 6108. The law has exceptions, such as some situations involving transporting an unloaded firearm.
What does "person not to possess" mean?
Section 6105 makes it a crime for certain people to possess a firearm, including people convicted of listed offenses and people subject to certain court orders. Depending on the prior offense, it can be graded as a felony.
Can a gun charge be dismissed if the search was illegal?
If the court finds that police stopped or searched someone without lawful grounds, it can suppress the gun and related evidence. Without that evidence, the prosecution often cannot proceed. Whether a search was lawful depends on the specific facts.
Talk to the attorney about your case
Consultations with Jonathan R. Altschuler are confidential. Call the office or send a short request online.
This page provides general information about Pennsylvania criminal practice and is not legal advice. Every case is different. Contact a licensed attorney about your situation.